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News (Media Awareness Project) - New Zealand: Seven Jailed In Sequel To Drug Swoop
Title:New Zealand: Seven Jailed In Sequel To Drug Swoop
Published On:2006-04-27
Source:Gisborne Herald (New Zealand)
Fetched On:2008-01-14 06:48:13
SEVEN JAILED IN SEQUEL TO DRUG SWOOP

Jail terms ranging up to more than three years were imposed on seven
men when they appeared for sentence on charges resulting from the
major 2004 police drug swoop, Operation Pod.

Two of the men's sentences were deferred by Justice Harrison in the
High Court so they could apply for home detention.

Paul William Clare, 38, driver, was sentenced to three years and two
months in prison. He was found guilty by a jury of charges of
conspiring to sell cannabis and cultivating cannabis, possession of
cannabis, possession of equipment for cultivating cannabis, and
unlawful possession of a firearm.

Clare had denied the charges.

Justice Harrison said Clare started a pattern of substance abuse from
an early age and in recent years he had used methamphetamine on a
regular basis.

However, he did not plead guilty to any of the charges, nor did he
express any remorse. The judge said his refusal to admit guilt meant
he would not get the assistance he needed for his drug dependency.

Justice Harrison did not accept submissions from counsel Mark Sceats
that Clare was on the periphery of the offending and played a minimal role.

Jon Jacob Stuart, 26, crayfisherman, was sentenced to two and a half
years jail. He had pleaded guilty to charges of conspiring to supply
cannabis and cultivating cannabis, possession of cannabis for sale to
persons aged over 18 and possession of explosives.

Counsel Tony Snell said a portion of the cannabis was for Stuart's
own use, while he had also bartered with the drug.

Justice Harrison said he was satisfied Stuart was in a joint
operation with his stepfather Paul Clare. Together the pair had
created a sophisticated cannabis operation, complete with hidden
rooms, and had produced a high yield of cannabis.

The judge said he hoped a term of imprisonment would act as a
"wake-up call" for Stuart and would assist with his drug rehabilitation.

The prison sentence also took into account two other charges of
driving with excess breath-alcohol for the third or subsequent time
(860mcg) and a breach of bail.

Hikurangi Gray, 47, unemployed, was sentenced to two years and three
months in prison after pleading guilty to conspiring to supply methamphetamine.

Counsel John Mathieson suggested Gray's involvement was less than his
co-offenders. There was no evidence to suggest a drug dealing meeting
between Gray and another offender had ever taken place.

While he wanted to impose a sentence that would assist Gray's drug
abuse, Justice Harrison said this was a problem Gray was not willing
to address.

Robert Charles Kaiwai, 32, unemployed, was sentenced to two years and
three months in prison after pleading guilty to charges of conspiracy
to sell cannabis and to supply ecstasy.

Counsel William Calver said a notable feature of the case was that
although the offenders were recorded talking extensively about their
deals, they took very little action.

"When push came to shove there was very little evidence of actual dealing."

At one point Kaiwai was in possession of 100 ecstasy pills but any
profit made was to fund his own drug habit.

Kaiwai had a motivation to turn over a new leaf and adopt a
family-orientated lifestyle, Mr Calver said.

Justice Harrison accepted Kaiwai had a genuine desire to sever his
gang affiliations and enter rehabilitation for his drug problems.

The jail sentence also took into account two charges of driving while
disqualified.

Gerald Mount Hamilton Newman, 42, unemployed, was sentenced to two
years and three months in prison after pleading guilty to conspiracy
to supply methamphetamine, cannabis and ecstasy.

Counsel David Sharp said Newman had suffered several head injuries in
the past that left him vulnerable and, as a means to remedy these
problems, he had turned to illicit drugs.

Newman was a victim and had got involved with dealing to finance his
drug use, Mr Sharpe said.

The judge accepted Newman was vulnerable but said this was no excuse
for his offending.

His sentence also covered charges of intentional damage and breach of
a protection order.

Grant Wilson Collins, 42, solo parent, was sentenced to one year and
nine months in prison, with leave to apply for home detention, and
his sentence deferred in order to do so.

He had previously pleaded guilty to supplying methamphetamine.

The judge deferred Collins' sentence for two months while his
application for home detention went before the parole board.

Council David Sharp said drugs had been a problem for Collins
throughout his life but he was now fully prepared to seek professional help.

Collins became involved in supplying drugs to pay for his own habit
but since his arrest he had made a commitment to stay drug-free.

Justice Harrison said Collins would never be able to fully change
unless he got outside help to treat his addiction.

In granting him leave to apply for home detention, the judge said he
had done so because of Collins' genuine motivation to seek rehabilitation.

Matthew Robert Poi, 39, was sentenced to two years in prison, with
leave to apply for home detention, and his sentence was deferred in
order to do so.

He had pleaded guilty to conspiring to supply and possession of
methamphetamine and conspiring to supply cannabis.

Counsel Ray Hovell said that after overcoming a drug addiction, Poi
was drawn back into drugs when a business venture had failed.

Poi did not have the trappings of a lavish lifestyle as a result of
income from drugs and his involvement was purely for his own use.

Poi was genuinely remorseful and motivated to address his drug addictions.

Justice Harrison said although Poi was distraught after his business
venture failed, it was no excuse for his offending.

The judge took into account Poi's early guilty plea, personal
circumstances, and desire to seek rehabilitation.
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